99 F.

3d 1128

NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished

opinions may be cited only in related cases.
UNITED STATES, Appellee,
v.
Jeffrey CUNNINGHAM, Defendant, Appellant.
No. 96-1167.

United States Court of Appeals, First Circuit.

Nov. 5, 1996.

Edward E. Eliot on brief for appellant.

D.Me.
AFFIRMED.
Before TORRUELLA, Chief Judge, BOUDIN and LYNCH, Circuit
Judges.
PER CURIAM.

Jeffrey Cunningham pled guilty to one count of credit card fraud and was
sentenced to serve eight months in prison followed by a three-year term of
supervised release. He now appeals from his sentence. Appellate counsel has
filed a brief under Anders v. California, 386 U.S. 738 (1967), explaining why
there is no meritorious ground for appeal. Although counsel notified
Cunningham of his right to file a supplemental brief, Cunningham has not filed
any brief and the deadline for doing so has passed. After fully reviewing the
record, we agree that there is no meritorious ground for appeal. We also note
that the plea hearing conformed substantially to Rule 11 requirements and that
any defect was harmless. See Fed.R.Crim.P. 11(h) (variances from Rule 11
procedures which do not affect substantial rights are to be disregarded).

We affirm appellant's conviction and sentence and grant counsel's motion to

withdraw.